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How Judges Set Bail Amounts

Bail refers to the amount of money that must be paid by the defendant in order to secure temporary release from prison until their next court hearing. The amount of bail various according to the severity of the crime and is ultimately decided by; for petty nonviolent misdemeanors, the bail is usually around $500 but this too can vary from one state to another.

In this blog, we’ll take a look at the different factors a judge takes into consideration before setting the bail amount.

Severity of the Crime

The severity of the crime is perhaps the weightiest factor when it comes to deciding the bail amount. Also, the nature of the crime itself plays a major role in determining whether the accused will be a threat to the public if released from jail.

For crimes such as rape, armed robbery, and murder, judges usually set very high bail amounts whereas acts of vandalism, disorderly conduct, and traffic violations are treated much more lightly.

Criminal Record

A past history of bad behavior or crimes including previous probation violations won’t only make it difficult to get out of jail, but lead to astronomically high bail amounts. Repeated offenses indicate that the accused has a hard time understanding the severity of his or her crimes. It also points to a high probability that the accused will return to committing crimes if released on bail.

Flight Risk

Judges also take into consideration the probability that the defendant will appear in court for future hearings. If the accused is an immigrant or someone that’s visiting from another state or city, there’s a high chance that they’ll seek to escape if let out on bail.

Judges also weigh factors such as links to the community, family members that need support, and a steady source of income to determine the likelihood of escape. Also, the defendants’ financial status is also taken into account to see if they posses enough funds to pay for bail.

Source of Finances

The defendant’s source of finances is taken into account especially if they were arrested for crimes related to the sale or purchase of drugs. If the accused makes a living off selling drugs, then there’s a high chance they have the financial means to pay the bail. To prevent the accused from returning to the crime, judges may place an extremely high bail amount.

In the majority of cases, incarcerated individuals do not have the ability to play high bail amounts upfront. DeLaughter Bail Bonds is a family-run bail bonds company in Grant County that helps people get out of prison by posting bonds on their behalf. Contact us today for more information.

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